LRB-3782/1
MED/KRP/AJM:emw
2017 - 2018 LEGISLATURE
June 23, 2017 - Introduced by Senators Carpenter, Larson, Miller, Risser,
Shilling, L. Taylor and Vinehout, cosponsored by Representatives Spreitzer,
Zamarripa, Anderson, Berceau, Billings, Brostoff, Considine, Crowley,
Goyke, Mason, Milroy, Pope, Riemer, Sargent, Shankland, Subeck, C.
Taylor
, Vruwink, Wachs and Zepnick. Referred to Committee on Government
Operations, Technology and Consumer Protection.
SB328,2,2 1An Act to amend 15.04 (1) (g), 16.765 (1), 16.765 (2), 36.09 (1) (e), 36.11 (3) (a),
236.12 (1), 36.29 (1), 38.04 (13) (b), 38.23 (1), 47.02 (3m) (f), 51.90, 66.0125 (3) (a),
366.0125 (3) (c) 1. b., 66.0125 (9), 66.1011 (1), 66.1201 (2m), 66.1213 (3), 66.1301
4(2m), 66.1333 (3) (e) 2., 86.195 (5) (c), 106.50 (1), 106.50 (1m) (h), 106.50 (1m)
5(nm), 106.50 (5m) (f) 1., 106.52 (3) (a) 1., 106.52 (3) (a) 2., 106.52 (3) (a) 3., 106.52
6(3) (a) 5., 106.58, 111.31 (1), 111.31 (2), 111.31 (3), 111.321, 111.36 (title), 111.36
7(1) (d) 1., 111.36 (1) (d) 2., 111.70 (2), 111.81 (12) (b), 118.019 (2d), 118.13 (1),
8118.20 (1), 118.40 (4) (b) 2., 194.025, 224.77 (1) (o), 227.10 (3) (a), 230.01 (2) (b),
9230.18, 234.29, 321.37, 440.45 (1), 440.45 (2), 452.14 (3) (n), 632.35 and 756.001
10(3); and to create 106.50 (1m) (kg), 106.52 (1) (cr), 111.32 (7j) and 628.34 (3) (c)
11of the statutes; relating to: discrimination in employment, housing, public
12accommodations, education, insurance coverage, jury duty, and the receipt of

1mental health or vocational rehabilitation services on the basis of a person's
2gender identity, gender expression, or sexual orientation.
Analysis by the Legislative Reference Bureau
This bill prohibits discrimination on the basis of a person's gender identity or
gender expression, which is defined in the bill as a person's gender-related identity,
gender-related appearance, gender-related expression, or gender-related behavior,
regardless of the person's assigned sex at birth or gender identifiers on official
documents issued by a federal, state, or local government agency. The bill also adds
sexual orientation and gender identity or gender expression as bases of
discrimination in certain other laws prohibiting discrimination.
Current law prohibits discrimination in employment, housing, and the equal
enjoyment of a public place of accommodation or amusement on the basis of a
person's sex or sexual orientation. Current law also prohibits the University of
Wisconsin System, the Technical College System, public elementary and secondary
schools, and charter schools from discriminating against a student on the basis of the
student's sex or sexual orientation. In addition, current law prohibits exclusion of
a person from jury duty on the basis of the person's sex or sexual orientation.
This bill adds gender identity or gender expression as a prohibited basis for
discrimination in employment, housing, and the equal enjoyment of a public place
of accommodation or amusement; prohibits the UW System, the Technical College
System, public elementary and secondary schools, and charter schools from
discriminating against a student on the basis of the student's gender identity or
gender expression; and prohibits exclusion of a person from jury duty on the basis
of the person's gender identity or gender expression.
Current law prohibits motor carriers, automobile insurers, and real estate
brokers and salespersons from discriminating against a person on the basis of sex;
prohibits discrimination on the basis of sex in the provision of vocational
rehabilitation or mental health services; and prohibits the UW System Board of
Regents from investing gifts, grants, and bequests in companies that practice
discrimination based on sex.
This bill prohibits motor carriers, automobile insurers, and real estate brokers
and salespersons from discriminating against a person on the basis of sexual
orientation, gender identity, or gender expression; prohibits discrimination on the
basis of sexual orientation, gender identity, or gender expression in the provision of
vocational rehabilitation or mental health services; and prohibits the UW System
Board of Regents from investing gifts, grants, and bequests in companies that
practice discrimination based on sexual orientation, gender identity, or gender
expression.
The bill also generally prohibits an insurer from discriminating against a
person on the basis of age, sex, residence, race, color, creed, religion, national origin,
ancestry, marital status, occupation, sexual orientation, gender identity, or gender
expression.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB328,1 1Section 1. 15.04 (1) (g) of the statutes is amended to read:
SB328,3,102 15.04 (1) (g) Discrimination review. In order to determine whether there is any
3arbitrary discrimination on the basis of race, religion, national origin, sex, marital
4status or, sexual orientation , as defined in s. 111.32 (13m), or gender identity or
5gender expression, as defined in s. 111.32 (7j),
examine and assess the statutes under
6which the head has powers or regulatory responsibilities, the procedures by which
7those statutes are administered, and the rules promulgated under those statutes.
8If the department or agency head finds any such discrimination, he or she the agency
9head
shall take remedial action, including making recommendations to the
10appropriate executive, legislative, or administrative authority.
SB328,2 11Section 2. 16.765 (1) of the statutes is amended to read:
SB328,4,212 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
15Economic Development Corporation, and the Bradley Center Sports and
16Entertainment Corporation shall include in all contracts executed by them a
17provision obligating the contractor not to discriminate against any employee or
18applicant for employment because of age, race, religion, national origin, color,
19handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5),
20sexual orientation, as defined in s. 111.32 (13m), or national origin gender identity
21or gender expression, as defined in s. 111.32 (7j),
and, except with respect to sexual

1orientation, gender identity, and gender expression, obligating the contractor to take
2affirmative action to ensure equal employment opportunities.
SB328,3 3Section 3. 16.765 (2) of the statutes is amended to read:
SB328,4,224 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
7Economic Development Corporation, and the Bradley Center Sports and
8Entertainment Corporation shall include the following provision in every contract
9executed by them: “In connection with the performance of work under this contract,
10the contractor agrees not to discriminate against any employee or applicant for
11employment because of age, race, religion, national origin, color, handicap, sex,
12physical condition, developmental disability, as defined in s. 51.01 (5), sexual
13orientation or national origin, as defined in s. 111.32 (13m), or gender identity or
14gender expression, as defined in s. 111.32 (7j)
. This provision shall include, but not
15be limited to, the following:
employment, upgrading, demotion or transfer;
16recruitment or recruitment advertising; layoff or termination; rates of pay or other
17forms of compensation; and selection for training, including apprenticeship. Except
18with respect to sexual orientation, gender identity, and gender expression, the
19contractor further agrees to take affirmative action to ensure equal employment
20opportunities. The contractor agrees to post in conspicuous places, available for
21employees and applicants for employment, notices to be provided by the contracting
22officer setting forth the provisions of the nondiscrimination clause". clause."
SB328,4 23Section 4. 36.09 (1) (e) of the statutes is amended to read:
SB328,5,1124 36.09 (1) (e) The board shall appoint a president of the system; a chancellor for
25each institution; a dean for each college campus; the state geologist; the director of

1the laboratory of hygiene; the director of the psychiatric institute; the state
2cartographer; and the requisite number of officers, other than the vice presidents,
3associate vice presidents, and assistant vice presidents of the system; faculty;
4academic staff; and other employees and fix the salaries, subject to the limitations
5under par. (j) and s. 230.12 (3) (e), the duties and the term of office for each. The board
6shall fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), and
7the duties for each chancellor, vice president, associate vice president, and assistant
8vice president of the system. No sectarian or partisan tests or any tests based upon
9race, religion, national origin, or sex, sexual orientation, gender identity, or gender
10expression
shall ever be allowed or exercised in the appointment of the employees
11of the system.
SB328,5 12Section 5. 36.11 (3) (a) of the statutes is amended to read:
SB328,5,2013 36.11 (3) (a) The board shall establish the policies for admission within the
14system and within these policies each institution shall establish specific
15requirements for admission to its courses of instruction. No sectarian or partisan
16tests test or any tests test based upon race, color, creed, religion, sex, national origin
17of U.S. citizens or sex a U.S. citizen, disability, ancestry, age, sexual orientation,
18gender identity, gender expression, pregnancy, marital status, or parental status

19shall ever be allowed in the admission of students thereto a student to any service,
20course, program, or facility of the system or any of its institutions
.
SB328,6 21Section 6. 36.12 (1) of the statutes is amended to read:
SB328,6,222 36.12 (1) No student may be denied admission to, participation in, or the
23benefits of, or be discriminated against in, any service, program, course, or facility
24of the system or its institutions because of the student's race, color, creed, religion,

1sex, national origin, disability, ancestry, age, sexual orientation, gender identity,
2gender expression,
pregnancy, marital status, or parental status.
SB328,7 3Section 7. 36.29 (1) of the statutes is amended to read:
SB328,6,214 36.29 (1) All gifts, grants, and bequests for the benefit or advantage of the
5system or any of its institutions, departments, or facilities or to provide any means
6of instruction, illustration, or knowledge in connection therewith, whether made to
7trustees or otherwise, shall be valid notwithstanding any other provision of this
8chapter except as otherwise provided in this subsection and shall be executed and
9enforced according to the provisions of the instrument making the same, including
10all provisions and directions in any such instrument for accumulation of the income
11of any fund or rents and profits of any real estate without being subject to the
12limitations and restrictions provided by law in other cases; but no such income
13accumulation shall be allowed to produce a fund more than 20 times as great as that
14originally given. No investment of the funds of such gifts, grants, or bequests shall
15knowingly be made in any company, corporation, subsidiary, or affiliate that
16practices or condones through its actions discrimination on the basis of race, religion,
17color, creed, or sex, sexual orientation, gender identity, or gender expression. Except
18as otherwise provided in this section, the board may invest not to exceed 85 percent
19of trust funds held and administered by the board in common stocks. This subsection
20does not apply to a gift, grant, or bequest that the board declines to accept or that the
21board is not authorized to accept under this section.
SB328,8 22Section 8. 38.04 (13) (b) of the statutes is amended to read:
SB328,7,223 38.04 (13) (b) No person may, on the ground of sex, age, race, color, religion or,
24national origin, sexual orientation, gender identity, or gender expression, be
25excluded from participating in, be denied the benefits of, or be subjected to

1discrimination under any program or activity funded in whole or in part with funds
2made available under this subsection.
SB328,9 3Section 9. 38.23 (1) of the statutes is amended to read:
SB328,7,84 38.23 (1) No student may be denied admission to, participation in, or the
5benefits of, or be discriminated against in, any service, program, course, or facility
6of the board or any district because of the student's race, color, creed, religion, sex,
7national origin, disability, ancestry, age, sexual orientation, gender identity, gender
8expression,
pregnancy, marital status, or parental status.
SB328,10 9Section 10. 47.02 (3m) (f) of the statutes is amended to read:
SB328,7,1610 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services
11under this chapter is determined without regard to the sex, race, age, creed, color,
12or national origin, sexual orientation, gender identity, or gender expression of the
13individual applying for services, that no class of individuals is found ineligible solely
14on the basis of type of disability, and that no age limitations for eligibility exist which
15that, by themselves, would result in ineligibility for vocational rehabilitation
16services.
SB328,11 17Section 11. 51.90 of the statutes is amended to read:
SB328,7,21 1851.90 Antidiscrimination. No employee, prospective employee, patient, or
19resident of an approved treatment facility, or consumer of services provided under
20this chapter, may be discriminated against because of age, race, creed, color, sex or
21handicap
, disability, sexual orientation, gender identity, or gender expression.
SB328,12 22Section 12. 66.0125 (3) (a) of the statutes is amended to read:
SB328,8,723 66.0125 (3) (a) The purpose of the commission is to study, analyze, and
24recommend solutions for the major social, economic, and cultural problems that
25affect people residing or working within the local governmental unit, including

1problems of the family, youth, education, the aging, juvenile delinquency, health and
2zoning standards, discrimination in employment and public accommodations and
3facilities on the basis of sex, class, race, religion, sexual orientation, gender identity,
4gender expression,
or ethnic or minority status and discrimination in housing on the
5basis of sex, class, race, religion, sexual orientation, gender identity, gender
6expression,
ethnic or minority status, or status as a victim of domestic abuse, sexual
7assault, or stalking.
SB328,13 8Section 13. 66.0125 (3) (c) 1. b. of the statutes is amended to read:
SB328,8,149 66.0125 (3) (c) 1. b. To ensure to all residents of a local governmental unit,
10regardless of sex, race, sexual orientation, gender identity, gender expression, or
11color, the right to enjoy equal employment opportunities and to ensure to those
12residents, regardless of sex, race, sexual orientation, gender identity, gender
13expression,
color, or status as a victim of domestic abuse, sexual assault, or stalking,
14the right to possess equal housing opportunities.
SB328,14 15Section 14. 66.0125 (9) of the statutes is amended to read:
SB328,8,2316 66.0125 (9) Intent. It is the intent of this section to promote fair and friendly
17relations among all the people in this state, and to that end race, creed, sexual
18orientation, gender identity, gender expression, or color ought not to be made tests
19in the matter of the right of any person to earn a livelihood or to enjoy the equal use
20of public accommodations and facilities and race, creed, sexual orientation, gender
21identity, gender expression,
color, or status as a victim of domestic abuse, sexual
22assault, or stalking ought not to be made tests in the matter of the right of any person
23to sell, lease, occupy, or use real estate.
SB328,15 24Section 15. 66.1011 (1) of the statutes is amended to read:
SB328,9,13
166.1011 (1) Declaration of policy. The right of all persons to have equal
2opportunities for housing regardless of their sex, race, color, disability, as defined in
3s. 106.50 (1m) (g), sexual orientation, as defined in s. 111.32 (13m), gender identity
4or gender expression, as defined in s. 111.32 (7j),
religion, national origin, marital
5status, family status, as defined in s. 106.50 (1m) (k), status as a victim of domestic
6abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), lawful source of
7income, age, or ancestry is a matter both of statewide concern under ss. 101.132 and
8106.50 and also of local interest under this section and s. 66.0125. The enactment
9of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of
10equal opportunities in housing from consideration by political subdivisions, and does
11not exempt political subdivisions from their duty, nor deprive them of their right, to
12enact ordinances that prohibit discrimination in any type of housing solely on the
13basis of an individual being a member of a protected class.
SB328,16 14Section 16. 66.1201 (2m) of the statutes is amended to read:
SB328,9,2015 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit,
16facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit,
17facility, or privilege in any manner for any purpose nor be discriminated against
18because of sex, race, color, creed, national origin, sexual orientation, gender identity,
19gender expression, or
status as a victim of domestic abuse, sexual assault, or
20stalking, as defined in s. 106.50 (1m) (u), or national origin.
SB328,17 21Section 17. 66.1213 (3) of the statutes is amended to read:
SB328,9,2522 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit,
23facility, or privilege under this section may not be denied the right, benefit, facility,
24or privilege in any manner for any purpose nor be discriminated against because of
25sex, race, color, creed, national origin, sexual orientation, gender identity, gender

1expression, or
status as a victim of domestic abuse, sexual assault, or stalking, as
2defined in s. 106.50 (1m) (u), or national origin.
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